A recent Virginia Supreme Court decision in a medical malpractice suit may have bearings on condemnation proceedings in Virginia. In Gross v. Stuart, 2019 Va. LEXIS 103, the appellant asserted that the circuit court erred in permitting opposing counsel to cross-examine the “defense medical expert” on matters relating to a disciplinary proceeding against the doctor. Id. at *2.

During the plaintiff’s cross-examination of the defense medical expert, the circuit court gave the plaintiff permission, over the defense’s objection, to ask the medical expert about “a series of actions where he was cited by the board of medicine for violation of law and health regulations with regard to his practice.” Id. at *3-4.

The Virginia Supreme Court found that the circuit court did not abuse its discretion when it permitted cross-examination of the doctor regarding disciplinary proceedings against him. Id. at *5. The Virginia Supreme Court also found that the circuit court did not abuse its discretion when it determined that this evidence was relevant for the jury to evaluate the weight of the doctor’s opinions because the Court stated that any “evidence is relevant if it has any logical tendency to prove an issue in a case.” Id.

The Court found that because the medical expert’s opinions regarding the standard of care in Virginia are based upon his “medical practice history,” any evidence regarding the doctor’s “adherence to the standard of care in Virginia” would be relevant to the weight that the jury should give to his opinion. Id. at *6.

Although this decision, which allowed for the examination of experts about board violations, concerns a medical expert, the case may have bearing on all expert witnesses who may testify on standards of a particular industry. If an expert has failed to meet those standards, it may be possible to use this case to support bringing that out on cross-examination. It has been, and remains, important to be aware of an expert’s personal adherence to the standards of his or her particular trade when selecting expert witnesses. A copy of the opinion is available at
http://www.courts.state.va.us/opinions/opnscvwp/1180758.pdf